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The Barking Barrage Order 1995

S.I. 1995/519 · Made 2 March 1995

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TRANSPORT AND WORKS

Made 2nd March 1995

Coming into force 7th March 1995

The Secretary of State for the Environment, on an application made to him in accordance with the rules made under section 6 of the Transport and Works Act 1992f1 (hereinafter referred to as “the Act”) by the London Borough of Barking and Dagenham for an Order under section 3 of the Act, being satisfied in accordance with section 13(1) of the Act that its requirements in relation to any objections have been satisfied, and having determined to give effect to the proposals comprised in such application with modifications, in exercise of the powers conferred on him by sections 3 and 5 of the Act and article 2 of the Transport and Works (Description of Works Interfering with Navigation) Order 1992f2 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1992 c. 42.

f2

S.I. 1992/3230.

Contents

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: WORKS PROVISIONS
  5. 3Power to construct works and survey
  6. 4Power to deviate
  7. 5Power to make subsidiary works
  8. 6Subsidiary powers to the Borough
  9. 7Power to Borough to dredge
  10. 8Cables, pipes or wires under or over tidal water or tidal lands
  11. 9Works deemed to be constructed under an impounding licence
  12. 10River not to be a reservoir
  13. 11Agreements with owners of land and others for construction of works
  14. 12Repair of river walls
  15. 13Temporary closing of River Roding in connection with works
  16. 14Power to use bed and banks of watercourses
  17. 15Diversion of flow of water
  18. 16Power to take, pump, impound and discharge water
  19. 17Deposits in river
  20. 18Provision against danger to navigation
  21. 19Survey of tidal works
  22. 20Lights on tidal works
  23. Part III: ACQUISITION AND POSSESSION OF LAND
  24. 21Power to acquire land
  25. 22Application of Part I of Compulsory Purchase Act 1965
  26. 23Powers to acquire new rights
  27. 24Temporary use of land for construction of works
  28. 25Temporary use of land for maintenance of works
  29. 26Disregard of certain interests and improvements
  30. 27Acquisition of part of certain properties
  31. 28Extinction or suspension of private rights of way
  32. 29Time limit for exercise of powers of acquisition
  33. 30As to certain lands
  34. 31Agreements with adjoining owners
  35. 32Certification of plans etc.
  36. Part IV: OPERATION OF BARRAGE ETC.
  37. 33Power to operate barrage
  38. 34Misuse of barrage, etc.
  39. Part V: THE UPSTREAM RIVER
  40. 35Extinguishment of navigation rights etc. in upstream river and repeal of Act of 1737
  41. 36Navigation etc. in vicinity of barrage
  42. 37Removal of vessels
  43. 38Removal of obstructions other than vessels
  44. 39Removal of projections
  45. 40Emergency powers and consents
  46. 41Agency arrangements
  47. 42Byelaws
  48. 43Temporary closure of upstream river
  49. 44Powers of statutory authorities
  50. 45List of charges
  51. 46Provision for charitable or other bodies
  52. Part VI: PROVISIONS FOR THE PROTECTION OF THE PORT AUTHORITY
  53. 47Works in upstream river
  54. 48Facilities for navigation
  55. 49Details to be submitted to Port Authority
  56. 50Survey of river bed
  57. 51General protection
  58. 52Further protection of Port Authority
  59. 53Power of the Borough to make good
  60. 54Byelaws of the Port Authority
  61. 55Removal of piles, stumps and other obstructions
  62. 56Free access
  63. Part VII: PROVISIONS FOR THE PROTECTION OF THE RIVER AUTHORITY
  64. 57Interpretation
  65. 58Approval of plans
  66. 59Conditions relating to works
  67. 60Fish passes
  68. 61Indemnities
  69. 62Liability of the Borough
  70. 63Deemed consents
  71. 64Powers of the River Authority
  72. Part VIII: PROVISIONS FOR THE PROTECTION OF THAMES WATER
  73. 65Outfall surveys
  74. 66Monitoring of chalk aquifer water pressure levels
  75. 67Indemnity
  76. Part IX: OTHER PROTECTIVE PROVISIONS
  77. 68Access to barrage
  78. 69Saving for Trinity House
  79. 70For protection of flora and fauna
  80. 71For protection of the Port Health Authority
  81. 72For protection of Redbridge
  82. 73Crown rights
  83. 74For protection of the Railway Undertaker
  84. 75Requirements and consents
  85. Part X: MISCELLANEOUS AND GENERAL
  86. 76Management arrangements
  87. 77Transfer of functions
  88. 78Obstructing execution of Order
  89. 79Defence of due diligence
  90. 80Arbitration
  91. Signature
  92. Schedule 1DESCRIPTION OF THE SCHEDULED WORKS
  93. Schedule 2ACQUISITION OF CERTAIN LANDS
  94. Schedule 3LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  95. Schedule 4: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  96. 1Compensation enactments
  97. 2Compensation enactments
  98. 3Compensation enactments
  99. 4Compensation enactments
  100. 5Compensation enactments
  101. 6Compensation enactments
  102. 7Compensation enactments
  103. 8Compensation enactments
  104. 9Compensation enactments
  105. Schedule 5: PROVISIONS RELATING TO STATUTORY UNDERTAKERS ETC.
  106. 1Apparatus of statutory undertakers etc. on land acquired
  107. Explanatory note